CONTRACT 

OF 

ANDREW  J.  HACKLEY 

A  WITH 

THE  MAYOR,  &c,  OF  THE  CITY  OF 
NEW  YORK, 

FOR  . 

GLEANING  THE  STREETS,  &c, 

FOR  THE 

TERM  OF  FIVE  YEARS. 


Dated  February  26,  1861. 


| 

j 

NEW    YORK:  f 

EDMUND  JONES  &  CO.,  PRINTERS  TO  THE  CORPORATION, 

No.   26   John   Street.  ! 
1862. 

  I 


i£x  ICtbrtfi 


SEYMOUR  DURST 


When  you  leave,  please  leave  this  hook 

Because  it  has  heen  said 
"Sver'thing  comes  t'  him  who  waits 

Except  a  loaned  hook." 


CONTRACT 

O  F 

ANDREW  J.  HACKLEY 

WITH 

THE  MAYOR,  &c,  OF  THE  CITY  OF 
NEW  YORK, 

FU  K 

CLEANING  THE  STREETS,  &c, 

FOR  THE 

TERM  OF  FIVE  YEARS. 


Dated  February  26,  1S61. 


N  E  W    Y  O  R  K  : 

EDMUND  JONES  &  CO.,   PRINTERS  TO  THE  CORPORATION, 
No.   26   Jonx  Street. 
1S62. 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


City  Inspector's  Department,  ^ 
New  York,  Jan.  28th,  1S62.  > 

In  pursuance  of  a  resolution  of  the  Common 
Council  of  the  city  of  New  York,  adopted  by  both 
Boards  on  the  13th,  and  approved  by  the  Mayor 
on  the  15th  day  of  December,  I860,  the  City  In- 
spector, on  the  ISth  day  of  the  same  month,  adver- 
tised for  proposals  for  "  Cleaning  the  streets, 
avenues,  lanes  and  alleys,  and  all  gutters,  wharves, 
piers  and  heads  of  slips,  to  be  thoroughly  swept 
and  cleaned,  and  to  remove  immediately  there* 
from  all  dirt,  manure,  ashes,  garbage  and  rubbish, 
for  a  term  not  exceeding  five  years.' ' 

The  following  is  a  copy  of  said  resolution  : 

"  Resolved,  That  the  City  Inspector  be,  and  is  hereby, 
directed  to  advertise,  forthwith,  the  annexed  proposals 
for  cleaning  the  streets  of  the  city  of  New  York  in  ac- 
cordance with  the  4th  section  of  the  act  passed  April 
17th,  1860,  entitled  '  An  act  to  enable  the  Supervisors 
of  the  county  of  New  York  to  raise  money  by  tax  for 
city  purposes,  and  to  regulate  the  expenditure  there- 
of, and  authorizing  the  Board  of  Supervisors  of  the 
county  of  New  York  to  levy  a  tax  for  county  pur- 
poses, and  to  regulate  the  expenditure  thereof,  and 
also  to  borrow  money  in  anticipation  of  the  collection 


4 


of  said  tax,  and  to  issue  County  Revenue  Bonds  there- 
for/ and  the  said  City  Inspeetor  is  hereby  further 
directed  to  return  the  bids,  subsequent  to  the  ten 
days'  advertisement,  to  the  Mayor  and  Common  Coun- 
cil immediately,  who  '  are  authorized  to  make  or  cause 
to  be  made  any  agreement  or  agreements,  contract 
or  contracts  for  cleaning  the  streets  of  the  city  of  New 
York — and  during  a  term  of  years  not  to  exceed  five.' 
The  party  or  parties  to  whom  such  contract  may  be 
awarded  shall  give  such  surety  as  may  be  prescribed 
by  the  Mayor  and  Comptroller,  and  the  proposals 
shall  be  for  a  period  not  exceeding  five  years. 


MOPOSALS 
£0R  CLEANSING  THE  STREETS  OF  THE  CITY  OF  NEW  YORK, 


Section  1*  I,  — -  hereby  propose  and  agree 

to  thoroughly  clean  all  the  paved  streets,  avenues, 
lanes,  alleys,  and  all  gutters,  wharves,  piers,  and 
heads  of  slips,  in  the  city  of  New  York,  as  herein* 
after  provided;  • 

§  2.  All  said  streets,  avenues,  lanes,  alleys,  and  all 
gutters,  wharves,  piers,  and  heads  of  slips,  shall  be 
swept  at  least  once  in  each  week,  and  the  sweepings 
shall  be  immediately  removed. 


o 

§  3.  There  shall  bo  removed  from  the  streets,  in 
tight  carts,  all  ashes,  garbage,  rubbish,  and  sweep- 
ings of  every  kind,  which  may  be  delivered  to  him,  or 
that  may  be  placed  in  vessels  upon  the  sidewalks,  or 
in  the  front  area,  or  upon  the  upper  area  steps  of  any 
dwelling-house,  store,  or  public  building,  every  twenty- 
four  hours,  Sundays  excepted. 

§  4.  The  drivers  of  all  carts  employed  as  ash-carts 
shall  have  a  bell  attached  to  their  carts,  or  harness, 
that  notice  of  their  approach  may  be  had  ;  and  shall 
receive  all  ashes,  garbage,  sweepings  and  rubbish 
which  shall  be  delivered  to  them,  or  that  may  be 
placed  upon  the  sidewalk  in  vessels,  or  in  the  area,  or 
upon  the  upper  cellar  steps  of  every  dwelling-house, 
store,  or  public  building.  The  party  employed  under 
this  ordinance  to  have,  as  their  own,  all  ashes,  gar- 
bage, rubbish  and  sweepings  of  every  kind  by  them 
removed  pursuant  thereto. 

§  5.  Broadway,  from  the  Battery  to  Fourteenth 
street,  shall  be  swept  during  the  night,  and  before 
the  hour  of  1  A.  M.,  once  every  twenty-four  hours. 
Park  Row  and  Chatham  street,  Bowery  to  Grand 
street,  Fulton  street,  east  from  Broadway,  Courtlandt 
street,  Wall  street,  Maiden  Lane,  Whitehall  street, 
Grand  street,  east  from  Broadway,  shall  be  swept  at 
least  twice  in  each  week.  All  streets  below  Chambers 
street  shall  be  cleaned  during  the  night,  and  before 
the  hour  of  7  A.  M.,  between  the  first  day  of  May  and 
the  first  day  of  October  ;  and  during  the  night,  and 


6 


before  the  hour  of  9  A.  M.,  between  the  first  day  of 
October  and  the  first  day  of  May,  in  each  year. 

When  the  performance  of  such  work  is  impracticable, 
from  the  state  of  the  weather,  the  City  Inspector  may, 
from  time  to  time,  in  writing,  designate  a  later  hour 
for  the  work,  or  dispense  with  the  same,  temporarily; 
but  he  shall  not  grant  such  dispensation  for  a  period 
longer  than  one  week  from  the  date  thereof. 

§  6.  There  shall  be  removed  from  the  city  all  dirt, 
manure,  garbage,  ashes,  and  rubbish  of  every  kind,  as 
fast  as  the  same  can  be  collected,  and  no  deposit  of 
any  kind  shall  be  made  within  the  city,  except  such 
as  may  be  suitable  to  fill  up  low  ground  or  sunken 
lots,  and  that  may  be  required  for  such  purpose. 

§  t.  The  streets  shall  be  kept  conveniently  passable 
for  vehicles  during  the  winter,  and  the  cross-walks 
and  all  gutters  intersecting  the  same  shall  be  kept 
clear  of  snow  and  ice. 

§  8.  The  berths  at  present  used  for  the  loading  of 
vessels  required  by  the  contractor  for  the  purposes 
herein  specified,  shall  be  set  apart  for  like  objects, 
or  berths  equally  advantageous  shall  be  hereafter 
allowed  to  the  contractor. 

§  9.  The  contractor  to  be  authorized  to  use  the  Cro- 
ton  water  from  hydrants  for  sprinkling  streets  in 
advance  of  the  sweepers  employed  thereon  ;  but  not 
more  than  one  hydrant  for  each  gang  shall  be  opened 


7 


at  a  time,  and  this  only  so  far  as  to  enable  the  water- 
ing-pots to  be  filled. 

§  10.  If  the  parties  contracting  shall  fail  to  perform 
any  duty  required  by  these  specifications,  for  the 
period  of  forty-eight  hours  after  they  shall  be  notified 
thereof,  by  notice  in  writing,  left  at  their  place  of 
business,  by  the  City  Inspector,  then  the  City  Inspect- 
or shall  notify  the  Comptroller,  who  shall  communi- 
cate the  same  to  the  sureties  thereof  ;  and  if  the  sure- 
ties fail  in  having  the  wort  performed  within  forty- 
eight  hours  thereafter,  then  the  City  Inspector  shall 
proceed  and  have  the  work  performed  at  the  expense 
of  the  sureties. 

§  11.  The  Comptroller  shall,  semi-monthly,  draw  his 
warrant  in  favor  of  the  contractor  for  a  proportionate 
amount  of  the  total  sum  of  the  contract,  as  awarded 
by  the  Mayor  and  Common  Council. 

Adopted  by  the  Board  of  Councilmen,  December  13, 
1860. 

Adopted  by  the  Board  of  Aldermen,  December  13, 
1860. 

Approved  by  the  Mayor,  Decemoer  15,  1860. 

D.  T.  VALENTINE, 

Clerk  of  Common  Council." 

10 


s 


On  the  29tli  day  of  December,  1860,  thirty-one 
bids  were  received  for  said  contract,  and  were 
opened  in  the  presence  of  Robert  T.  Haws, 
Esq.,  Comptroller ;  and  in  compliance  with  said 
resolution,  were  transmitted  to  the  Mayor  and 
Common  Council  for  their  action.  Subsequently 
the  Common  Council  awarded  the  contract  to 
Andrew  J.  Hackley,  Esq.  ;  and,  in  pursuance 
of  such  award,  on  the  26th  day  of  February, 
1861,  the  following  agreement  was  made  between 
the  Mayor,  &c,  of  the  city  of  New  York,  and  the 
said  Andrew  J.  Hackley  : 

AGREEMENT, 

Made  this  twenty-sixth  day  of  February,  in  the 
year  of  our  Lord  eighteen  hundred  and  sixty-one, 
between  The  Mayor,  Aldermen  and  Common- 
alty of  the  City  of  New  York,  by  Daniel  E. 
Delavan,  City  Inspector,  party  of  the  first  part, 
and  Andrew  J.  Hackley,  Contractor,  of  said  city, 
party  of  the  second  part. 

Section  1.  Said  party  of  the  second  part,  for 
the  consideration  hereinafter  mentioned,  hereby 


9 


covenants  and  agrees,  to  and  with  said  party  of  the 
first  part,  that  he  will  well,  faithfully,  and  thor- 
oughly, clean  all  the  streets,  avenues,  lanes,  alleys, 
and  all  gutters,  wharves,  piers,  and  heads  of  slips, 
in  the  city  of  New-York,  as  hereinafter  provided  ; 
and  will  do  and  perform  all  the  other  work,  labor, 
services,  and  other  things  required  of  the  Con- 
tractor, and  expressed  in  the  sections  hereinafter 
set  forth,  and  numbered  two  to  ten  (§2  to  §  10,)  in- 
clusive, as  follows,  viz.: 

§  2.  All  said  streets,  avenues,  lanes,  alleys,  and 
all  gutters,  wharves,  piers,  and  heads  of  slips,  shall 
be  swept  at  least  once  in  each  week,  and  the 
sweepings  shall  be  immediately  removed. 

§  3.  There  shall  be  removed  from  the  streets,  in 
tight  carts,  all  ashes,  garbage,  rubbish,  and  sweep- 
ings of  every  kind,  which  may  be  delivered  to  him, 
or  that  may  be  placed  in  vessels,  upon  the  side- 
walks, or  in  the  front  area,  or  upon  the  upper  area 
steps  of  any  dwelling-house,  store,  or  public  build- 
ing, every  twenty-four  hours,  Sundays  excepted. 

§  4.  The  drivers  of  all  carts^employed  as  ash- 
carts,  or  garbage  carts,  shall  have  a  bell  attached 
to  their  carts,  or  harness,  which  shall  be  kept  ring- 
ing, that  notice  of  their  approach  may  be  had  ; 


10 


and  shall  receive  all  ashes,  garbage,  sweepings,  and 
rubbish  which  shall  be  delivered  to  them,  or  that 
may  be  placed  upon  the  sidewalk,  in  vessels,  or  in 
the  area,  or  upon  the  upper  cellar  steps  of  every 
dwelling-house,  store,  or  public  building.  The 
party  employed  under  this  ordinance  to  have,  as 
their  own,  all  ashes,  garbage,  rubbish,  and  sweep- 
ings of  every  kind  by  them  removed  pursuant 
thereto. 

<§>  5.  Broadway,  from  the  Battery  to  Fourteenth 
street,  shall  be  swept  during  the  night,  and  before 
the  hour  of  7  A.M.,  once  every  twenty-four  hours; 
Park  Row  and  Chatham  street,  Bowery  to  Grand 
street,  Fulton  street  east  from  Broadway,  Court- 
landt  street,  Wall  street,  Maiden  Lane,  Whitehall 
street,  Grand  street  east  from  Broadway,  shall  be 
swept  at  least  twice  each  week  ;  all  streets  below 
Chambers  street  shall  be  cleaned  during  the  night, 
and  before  the  hour  of  7  A.M.,  between  the  first 
day  of  May  and  the  first  day  of  October ;  and  during 
the  night,  and  before  the  hour  of  9  A.M.,  between 
the  first  day  of  October  and  the  first  day  of  May, 
in  each  year. 

When  the  performance  of  such  work  is  im- 
practicable from  the  state  of  the  weather,  the  City 
Inspector  may,  from  time  to  time,  in  writing, 


designate  a  later  hour  for  the  work,  or  dispense 
with  the  same,  temporarily  ;  but  he  shall  not  grant 
such  dispensation  for  a  period  longer  than  one 
week  from  the  date  thereof. 

§  6.  There  shall  be  removed  from  the  city  all 
dirt,  manure,  garbage,  ashes,  and  rubbish  of  every 
kind,  as  fast  as  the  same  can  be  collected,  and  no 
deposit  of  any  kind  shall  be  made  within  the  city, 
except  such  as  may  be  suitable  to  fill  up  low 
ground  or  sunken  lots,  and  that  may  be  required 
for  such  purpose. 

§  7.  The  streets  shall  be  kept  conveniently 
passable  for  vehicles  during  the  winter,  and  the 
cross-walks,  and  all  gutters  intersecting  the  same, 
shall  be  kept  clear  of  snow  and  ice. 

§  8.  The  berths  at  present  used  for  the  loading 
of  vessels  required  by  the  contractor  for  the  pur- 
poses herein  specified,  shall  be  set  apart  for  like 
objects,  or  berths  equally  advantageous  shall  be 
hereafter  allowed  to  the  contractor. 

§  9.  The  contractor  to  be  authorized  to  use  the 
Croton  water  from  hydrants  for  sprinkling  streets 
in  advance  of  the  sweepers  employed  thereon ;  but 
not  more  than  one  hydrant  for  each  gang  shall  be 


12 


opened  at  a  time,  and  this  only  so  far  as  to  enable 
the  watering  pots  to  be  filled. 

§  10.  If  the  parties  contracting  shall  fail  to  per- 
form any  duty  required  by  these  specifications,  for 
the  period  of  forty-eight  hours  after  they  shall  be 
notified  thereof,  by  notice  in  writing,  left  at  their 
place  of  business,  by  the  City  Inspector,  then  the 
City  Inspector  shall  notify  the  Comptroller,  who 
shall  communicate  the  same  to  the  sureties  there- 
of, and  if  the  sureties  fail  in  having  the  work  per- 
formed within  forty-eight  hours  thereafter,  then 
the  City  Inspector  shall  proceed  and  have  the  work 
performed  at  the  expense  of  the  sureties. 

And  said  party  of  the  second  part  further  cove- 
nants and  agrees,  that  he  will  well,  truly  and  faith- 
fully do,  perform  and  observe  all  things  required 
of  and  incumbent  upon  the  contractor  for  carrying 
said  sections  into  full  and  complete  effect,  and  for 
the  best  interests  of  the  city  and  its  inhabitants. 

And  further,  that  in  carrying  this  agreement  into 
effect,  said  party  of  the  second  part  will  well  and 
truly  observe  and  conform  to  all  the  laws  and  or- 
dinances applicable  to  said  city,  now  in  force,  or 
which  may  hereafter  be  passed  or  adopted,  and  will 
not  violate  the  same,  or  any  of  them. 


13 


And  said  contractor  further  covenants  and  agrees, 
that  he  will  well  and  fully  indemnify  and  save 
harmless,  said  party  of  the  first  part,  of,  from, 
and  against  all  damages,  costs,  charges,  and  ex- 
penses which  said  party  of  the  first  part  may  sus- 
tain or  be  put  to,  for,  or  by  reason  of  any  miscon- 
duct or  any  negligence  on  the  part  of  the  con- 
tractor, his  agents  or  servants,  in  carrying  this 
agreement  into  effect ;  and  all  such  damages,  costs, 
charges,  and  expenses  may  be  retained  and  deduct- 
ed out  of  the  compensation  which  said  contractor 
would  otherwise-  be  entitled  to  receive. 

And  it  is  further  mutually  covenanted  and 
agreed,  that  the  payment  of  the  last  installment 
which  shall  become  due  to  the  contractor  in  any 
year,  in  pursuance  of  this  agreement,  shall  be  re- 
tained until  the  City  Inspector  shall  have  satis- 
factory evidence  that  all  persons  who  have  done 
work  or  furnished  materials  under  the  contract, 
•and  who  may  have  given  written  notice  to  the 
City  Inspector,  at  any  time  within  ten  days  before 
the  end  of  the  year  that  any  balance  or  amount 
for  such  work  or  ^materials  is  still  due  and  unpaid, 
have  been  fully  paid  or  secured  Tuch  balance  ;  and 
if  any  person  so  having  done  work  or  furnished  ma- 
terials, shall  furnish  satisfactory  evidence  to  the 
City  Inspector,  that  money  is  due  to  such  person 


14 


by  the  contractor,  under  this  agreement,  said  last 
installment,  or  such  portion  thereof  as  may  be 
necessary,  shall  be  retained  until  liability  shall  be 
discharged. 

For  the  true  and  faithful  performance  of  his 
agreement,  said  party  of  the  first  part  hereby 
covenants  and  agrees  to  pay  said  party  of  the 
second  part,  the  sum  of  two  hundred  and  seventy- 
nine  thousand  dollars,  each  and  every  year,  so  long 
as  said  agreement  shall  remain  in  force,  the  same 
to  be  paid  by  the  Comptroller  of  said  city  draw- 
ing his  warrant  semi-monthly,  for  a  proportionate 
amount  thereof,  in  favor  of  said  contractor,  subject, 
however,  to  the  qualifications  mentioned  in  this 
agreement. 

This  Agreement  shall  continue  in  force  for  the 
term  of  five  years  from  the  date  hereof. 

In  witness  whereof,  the  said  party  of  the  first  part 
has  caused  this  agreement  to  be  signed  by  the 
said  City  Inspector,  pursuant  to  resolutions  of  the 
Common  Council  of  said  city  relative  to  the  sub- 
ject, approved  by  the  Mayor,  December  15th,  I860, 
and  proceedings  thereunder ;  and  a  certain  other 
resolution  of  the  said  Common  Council,  approved 
by  the  Mayor,  February  12th,  1861  ;  and  said 
party  of  the  second  part  hath  hereto  signed  his 


name  and  affixed  his  seal,  the  day  and  year  first 
above  written. 

DANIEL  E,  DELAVAN,  [l.  s.] 

City  Inspector. 

ANDREW  J.  HACKLEY,  [l.  sj 
FERNANDO  WOOD,  Mayor. 

Sealed  and  delivered  ) 
in  the  presence  of  5 

R.  C.  Downing. 

[seal.] 

By  the  Common  Council, 

D.  T.  Valentine, 

Clerk  Common  Council. 

By  the  Board  of  Councilmen, 
C.  T.  McClenachan, 

Clerk  Board  of  Councilmen. 


16 


Know  all  men  by  these  presents.  That  we,  Thomas 
Hope  and  Anthony  S.  Hope,  of  the  city  of  New 
York,  are  held  and  firmly  bound  unto  The  Mayor, 
Aldermen,  and  Commonalty  of  the  City  of 
New  York,  in  the  sum  of  One  Hundred  Thousand 
Dollars,  lawful  money  of  the  United  States,  to  be 
paid  to  the  6aid  Mayor,  Aldermen  and  Common- 
alty, their  successors  or  assigns,  for  which  pay- 
ment, well  and  truly  to  be  made,  we  bind  our- 
selves, our  and  each  of  our  heirs,  executors,  and 
administrators,  jointly  and  severally,  firmly,  by 
these  presents. 

Sealed  with  our  seals. 

Dated,  this  twenty-sixth  day  of  February,  eigh 
teen  hundred  and  sixty-one. 


The  condition  of  the  above  obligation  is  such, 
that  if  Andrew „ J.  Hackle y,  of  said  city,  shall  in 
all  things  stand  to,  abide  by,  and  w^ell  and  truly 
keep  and  perform  the  covenants,  conditions,  and 
agreements  in  the  annexed  instrument  or  agree- 
ment for  cleaning  the  streets,  avenues,  lanes,  al- 
leys, gutters,  wharves,  piers,  and  heads  of  slips  in 


17 


the  city  of  New  York,  by  him  to  be  performed 
and  kept  as  therein  expressed,  at  the  time  and 
times,  and  in  the  manner  and  form  therein  speci- 
fied, then  the  above  obligation  shall  be  void,  other- 
wise to  remain  in  full  force  and  virtue. 

THOMAS  HOPE,  [l.  s.] 
ANTHONY  S.  HOPE,  [l.  s.] 

Sealed  and  delivered  ) 
in  the  presence  of  ) 

K.  C.  Downing 


The  undersigned,  pursuant  to  Section  4)  Chap- 
ter 509,  Laws  of  1860,  prescribe  the  amount  of 
surety  to  be  given  by  the  contractor  for  cleaning 
the  streets  under  said  act,  at  thje  sum  of  One 
Hundred  Thousand  Dollars^  and  we  further 
hereby  certify,  that  Thomas  Hope  and  Anthony 
S.  Hope,  the  sureties  offered  by  Andrew  J.  Hack- 
ley,  the  party  whose  bid  for  cleaning  the  streets 


IS 


of  the  city  was  confirmed  by  the  Common  Coun* 
cil  February  11,  1861,  are  adequate  and  sufficient. 

Dated  February  16,  1861. 

FERNANDO  WOOD, 

Mayoti 

ROBEftT  T.  HAWS, 

Comptroller* 


City  Inspector's  Department,  ) 
New  York,  Feb.  28th,  1861.  > 

We,  the  Undersigned,  First  and  Second  Clerks 
in  the  City  Inspector's  Office,  do  hereby  certify, 
that  we  have  compared  the  within  copy  contract 
With  the  original  thereof,  on  file  in  the  office  of 
the  Comptroller  of  the  city  of  New  York,  and 
that  the  same  is  a  true  copy  thereof. 

Wm.  R.  W.  Chambers, 

First  Clerk* 

Alfred  S.  Dusenberry, 

Second  Clerk. 


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